How Can A Michigan Ssdi Lawyer Help
If youre thinking of applying for both unemployment and SSDI benefits in Michigan, its a good idea to speak with a Michigan SSDI attorney first.
A qualified SSDI benefits attorney can advise you regarding the guidelines of Michigan unemployment benefits and Michigan SSDI, how to apply for the benefits you can qualify for, and what legal risks may be associated with applying for benefits from both agencies.
Contact our Michigan law office today to speak with an experienced SSDI attorney about your situation. Our consultations are always free and disability is all we do.
More Information On How To Request A Review Of The Decision
There are 3 ways you can make your request for reconsideration:
- your Social Insurance Number or Client Identification Number
- a detailed explanation of why you do not agree with the decision
- any new information that could affect the decision
- your signature and the date
If you complete your request on paper
Sign and date your written request and submit it:
Reconsiderations can take several months to complete, depending on the case. Service Canada will review your application and any new information you submit in support of your request and send you a decision by mail.
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Medical Requirements For Disability
To qualify for disability benefits under either SSDI or SSI you must meet all of the following requirements:
- You must suffer from a disability that is classified as severe. It must substantially limit your ability to perform basic activities required at most jobs such as standing, sitting, and remembering and
- Your condition must have persisted, or be expected to persist, for at least a year and
- Your condition must either meet the requirements of a Social Security impairment listing as published by the Social Security Administration, or render it impossible for you to either return to any of your previous occupations or work in a less demanding job.
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Should I Do Under The Table Jobs For Disabled People
You might get some sketchy advice from people who mean well but dont know the full impact of what theyre telling you to do.
People may suggest that you work some under the table jobs.
Under the table means that these jobs are paid in cash, so they cant be traced back to you.
Its basically free money that doesnt get picked up by the government.
People think that this is the way to go because its income that Social Security wont count against you, making it easier for you to keep your benefits once they start.
However, this type of work is 100% illegal and isnt something you should consider doing.
If and when the government does find out that youve avoided paying taxes on and failed to report any of that income, it can land you in some very hot water.
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Can I Work While Waiting For A Decision On Ssdi Benefits Look At Your Sga
If you are like many people seeking disability benefits from the Social Security Administration , you may be facing a common dilemma: You are hurting and unable to work, but your normal bills and household expenses do not simply go away because of your condition. Plus, it is likely that you are incurring additional medical costs for treating your illness or injury. When you are confronted with these financial difficulties, the logical assumption is to go back to work to make money any way you can.
What you may not know is that doing so can have an impact on your Social Security Disability Insurance benefits, including a situation where you already applied but have not been approved. It is critical to discuss your circumstances with an experienced disability attorney who can tell you more about the extremely complicated laws governing a claim.
Working Before a Decision on Disability Benefits
Generally, it is necessary that you be unable to work when you apply for SSDI and while waiting for a decision. The SSA presumes that you are not disabled if you are able to work, even if you work through the pain. However, the analysis of whether you qualify for disability benefits goes even deeper into SSA regulations, specifically those on your capacity to work and whether you have succeeded when attempting to return to your job.
Your Substantial Gainful Activity Level
However, there is more to your SGA when looking at the words that comprise the phrase:
Unsuccessful Work Attempts
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The Inherent Conflict Between Disability And Unemployment
The problem that arises when you try to collect disability and unemployment at the same time is that you run into a potential conflict.
To remain eligible for unemployment benefits, Pennsylvania requires you to be willing and able to work yet to obtain Social Security disability benefits, you must be unable to work.
Although the conflict between the unemployment and disability standards might seem like an unresolvable contradiction, loopholes do exist. If you find one of them, you can collect both unemployment and social security disability benefits.
You are likely to need the assistance of a skilled Pennsylvania disability lawyer, such as those available to you at Krasno Krasno & Onwudinjo, to guide you through the bureaucratic maze. After all, exploiting loopholes is what lawyers do best!
Ssdi & Unemployment: Can You Get Both
Many people wonder, Can you get unemployment and disability? From a legal perspective, there is no law that prevents you from receiving both SSDI benefits and unemployment benefits. Receiving both benefits wont affect the amount of the other either, except in a couple of states like Minnesota and Illinois. However, from a practical standpoint, the eligibility for these two programs are fundamentally at odds with each other. To qualify for SSDI benefits, you must essentially certify that you are disabled and unable to work. However, to qualify for unemployment benefits, you must attest that you are willing and ready to work. These two positions on your employment status are in direct conflict with each other. The disclaimer here is that there are a few exceptions where you might be able to successfully receive both types of benefits.
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If You Are Claiming/receiving Unemployment Benefits And Your Disability Started More Than Four Weeks From The Last Day You Worked
Who pays benefits: New York State Special Fund for Disability Benefits
How to Apply
PO Box 9029 Endicott, NY 13761-9029.
IMPORTANT: Before filing your claim, be sure that you have completed and signed Part A, Claimants Statement, and your health care provider has completed and signed Part B, Health Care Providers Statement.Submit this information promptly to avoid delaying your claim. You must file your claim within 30 days after you become disabled.
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Social Security Disability Attorneys Break Down Ssdi Background And Its Relationship With Unemployment
As a bit of context, the Social Security Disability claims process is a long and winding road. With few exceptions, most Claimants do not get favorable decisions without waiting approximately two years for a hearing date before a U.S. Administrative Law Judge . Even then, according to Social Securitys own statistics, only about 45% of Claimants actually succeed. That number is far greater, by the way, with highly skilled social security disability attorneys by ones side.
At hearing, the experienced social security disability attorneys will know how to shape the presentation of hundreds, if not thousands, of pages of relevant medical evidence alongside sworn testimony of how the Claimants medical conditions interfere with daily life and prevent the performance of substantial gainful activity, a legal term of art under the Social Security Act that could itself be the subject of lengthy discussion.
At bottom, substantial gainful activity translates to work, and a judge will generally want to account for all medical evidence and testimony before determining whether a particular claimant can or cannot sustain an 8-hour workday, five days a week in a competitive work environment.
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Talk To A Disability Lawyer
Need a lawyer? Start here.
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Work With Our Experienced Long Term Disability Attorney
If you are trying to decide whether you can receive disability benefits and unemployment benefits, your first step is to consider whether you can work. It can be difficult to prove you are unable to work without convincing medical evidence. Our long term disability lawyer can help.
Our attorney can review your situation in light of the eligibility requirements for both unemployment and long term disability benefits. After a careful analysis, our attorney advises you of your options and the likelihood of success. Based on the advice, you can make a decision that is best for your situation. Moving forward without legal advice could hurt your chance of qualifying for long-term disability benefits and unemployment benefits.
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How Can I Explain Why It Made Sense For Me To Apply For Disability While On Unemployment
If the disability judge asks you what jobs you applied for while you were collecting unemployment benefits, you might have a valid argument that collecting unemployment benefits and disability benefits at the same time didn’t create a conflict, in your situation.
Here are some examples of successful explanations:
Can You Collect Unemployment Benefits And Receive Ssd Benefits
Social security disability is a federal program that provides monthly benefits to individuals unable to work due to a medical condition or disability. However, initial approval rates are low in 2020, only 39% of people were approved for benefits at the application stage. Approval rates increase on appeal, with 42% of Illinois applicants who appealed a denial to an administrative law judge ultimately being awarded benefits. .
However, the wait times between application and award of SSD benefits can be lengthy. On average, it takes five months to get a decision following submission of the initial application. If you appeal, youll wait even longer an average of 14.5 months in Illinois to get a hearing before an administrative law judge . And that doesnt factor in the wait time to get a decision on reconsideration, the first phase of the appeal process and which you must go through before requesting an administrative hearing. That means it could take almost two years before your SSD application is approved and you begin receiving benefits.
The low initial approval rates combined with the lengthy wait times mean that many people who are unable to work apply for unemployment benefits to bridge the gap. While it is possible to obtain SSD benefits while receiving unemployment, some issues could complicate the process.
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Social Security Disability Benefits
Applicants filing for SSDI benefits must meet the requirements of a defined disability that prohibits them from being able to work at substantial gainful activity levels.
The primary requirements when filing for SSDI in Michigan are:
- The applicant is unable to work at substantial gainful activity level because of their medical condition or defined disability
- The applicant is unable to do the work they did before becoming disabled, as well as other work
- The disability is a long-term disability lasting or expected to last one year or more, is a permanent disability, or is a disability that is likely to result in death.
If the applicants condition prevents them from doing the work they did before, but they can do other work, may not have a qualifying disability. However, there are narrow exceptions to this rule, based primarily on age, and an experienced disability attorney can help you understand whether an exception applies in your case as well as evidence needed to support your claim.
Contact Krasno Krasno & Onwudinjo To Find Out If You Can Collect Unemployment And Social Security Disability At The Same Time
At Krasno Krasno & Onwudinjo, we handle all Social Security Disability and unemployment benefits cases on a contingency basis.
In other words, our legal services are free unless we obtain benefits for you. If you are a resident of Pennsylvania and you are having difficulty obtaining unemployment and disability benefits, let us help you obtain the benefits you deserve.
If you want to know whether you can collect unemployment and social security disability at the same time, act now to set up your free, no-obligation consultation call 243-4823, fill out our online intake form or visit one of our 12 office locations throughout Pennsylvania.
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My Employer Offers Private Short
Typically, yes. If the benefits are integrated, the EDD will pay you an amount for SDI, and your employer or its insurance carrier will pay you an additional amount to cover some or all of the difference between SDI and your full wages.
If you dont know whether your employer integrates benefits with the EDD, ask your HR department or manager for information.
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If Your Disability Started Within Four Weeks Of The Last Day You Worked
Who pays benefits: Your employer’s disability benefits insurance carrier.
How to Apply
- File the claim with your employer or insurance carrier, using Notice and Proof of Claim for Disability Benefits .
- Form DB-450 may be obtained using the link above, from your employer, your employers insurance carrier, your health care provider or any Board office.
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Eligibility Criteria: Social Security Disability And Unemployment Benefits
There is no hard and fast rule which requires denial of Social Security Disability Insurance or Supplemental Security Income claims by those already receiving unemployment benefits. But there is an obvious tension between the two types of benefits:
- Unemployment: Must be ready, willing and able to work on a full-time basis
- Disability: Must be unable to work a full-time job for 12 months because of a disabling medical condition. If a person is expected to be unable to work for 12 months, this qualifies as well.
A 1999 U.S. Supreme Court case held that Social Security disability claims âdid not inherently conflictâ with other types of benefits. But the reality is that if an administrative law judge sees that a claimant has admitted he was ready, willing and able to work, then this is not consistent with a claim for disability benefits.
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Social Security Disability While On Unemployment In West Virginia
Applying for Social Security disability benefits while on unemployment benefits is a heavily debated topic in social security circles. The main issue is that ideally these two programs address two separate needs.
Social Security disability is meant for people who are unable to work because of a mental or physical disability. On the other hand, unemployment benefits are for people who are unemployed but are ready and able to work. So how can someone be unable to work, but ready to work at the same time?
According to the SSA, unemployment benefits do not automatically disqualify you from disability benefits, but unemployment benefits can factor into the SSAs decision. This means that a disability claims examiner or an Administrative Law Judge can consider unemployment benefits as evidence that you are ready to work and therefore not unable to work because of your disability. This is where some of the confusion starts. The SSA is basically saying, unemployment benefits wont automatically disqualify you, but they can disqualify you.
Another hurdle for individuals thinking of applying for disability benefits that are currently receiving unemployment is the financial burden. In most states, the unemployment offices will likely discontinue the unemployment as soon as the individual applies for disability through Social Security. Though this can be appealed, it is likely the benefits will not continue which could cause difficulties financially for the individual.
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Ssdi And Pandemic Unemployment
Over the last two years, Congress approved several large stimulus packages which included extended unemployment benefits for eligible people. The SSA does not penalize claimants who received these unemployment benefits in past.
Claimants applying for SSDI or SSI benefits who also received pandemic unemployment benefits must meet the SSAs definition of disability to qualify for either program.
Can You Collect Unemployment While On Social Security Disability
A common question that arises in the context of Social Security is whether an individual can receive disability and unemployment benefits at the same time. Under the current regulations, an individual can receive both of these payments simultaneously. In fact, the Social Security Administration has decided that an individual should not have to decide between applying for Social Security
Disability benefits and applying for unemployment benefits.
If you find yourself unable to work due to a long-term illness or injury, you should speak with an eligible OC Social Security disability benefits lawyer right away. Your lawyer can determine your eligibility for both SSD and unemployment benefits. If you are eligible, your lawyer can file a claim on your behalf and help you recover the full amount of benefits you deserve.
In some instances, insurance companies deny these benefits the first time around. If that happens, your lawyer can help you gather additional supporting documentation and file an appeal on your behalf.
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